We all know that divorce is never an easy process, especially for couples that have been together for a decade or more. Detangling two lives that are so interwoven is often a complicated process. This is why some couple contemplating divorce are looking for an intermediate step, something that couples can do to, maybe, save their marriage, or, at least, make the divorce process easier.
Postnuptial agreements can be a good place to start. Often simply talking about the process with one’s spouse makes the decision “real,” and can help couples decide if divorce is truly the path they want to take. This is why a good intermediate step is crafting a postnuptial agreement with one’s spouse. It can allow couples to work on their relationship, while, simultaneously, giving them a roadmap for a divorce, if they so choose.
What are postnuptial agreements?
Postnuptial agreements are not some fancy legal term of art, and they are exactly what they sound like: an agreement between married spouses that was entered into after the couple married. And, they essentially are an agreement on what happens if the couple decides to divorce, like who gets what (property division), etc. Both parties sign the agreement, have it notarized, but they do not file it with anyone. Until a divorce is actually initiated, the agreement is private.
What is not covered in a postnuptial agreements?
The two key items that cannot be address in postnuptial agreements is child custody and financial incentives. Financial incentives means that one spouse cannot draft financial incentives to get a divorce in the post-nup.
These sound complicated
At their core, postnuptial agreements are about making it clear to couples that marriages are financial relationships, not just about the love that two people share. This is why they create a financial plan for post-divorce ex-couples. But, they are made while a couple is still, hopefully, in a better emotional space during a marriage, which, generally, means couples are more amicable and reasonable.
Of course, this does not mean that it is not complicated. In fact, since post-nups are financial documents, it is advisable that Dublin, Ohio, couples seek the advice of a divorce attorney. Even if the couple decides they do not want to go down the divorce or post-nup process, again, simply talking these things through could help save one’s marriage, or, at least, make divorce easier.